Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit... The South Western Reporter - Página 581887Vista completa - Acerca de este libro
| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1876 - 620 páginas
...except that " a trustee of an express trust" may sue in his own name, and that " a person with whom and in whose name a contract is made for the benefit of another, is a trustee- of an express trust within the meaning of this section." The court held that the note... | |
| John Norton Pomeroy - 1876 - 908 páginas
...whatever form of expression such trust may be declared. It includes not only a person with whom, but one in whose name, a contract is made for the benefit of another." These definitions and descriptions of the term fully sustain the conclusions reached iu the preceding... | |
| New York (State), William Wait - 1877 - 662 páginas
...sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section. Code Pro., part of § 111, together... | |
| Montana (Ter.) - 1877 - 956 páginas
...an express trust, within the meaning of this section, shall l>e construed to include a person with whom or in whose name a contract is made for the benefit of another. SET:. 7. When a married woman is a party her husband must join with her, except — ftnt. When the... | |
| Ohio - 1878 - 1364 páginas
...1123, 1124. SEC. 3. An executor, administrator, guardian, trustee of an express trust, a person with whom, or in whose name, a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining with him the person for... | |
| North Carolina, Albion W. Tourgée - 1878 - 484 páginas
...of an express trust, within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. A guardian may sue for the benefit of his wards without joining the wards as parties. Hankin v. Allison,... | |
| Morris March Estee - 1878 - 648 páginas
...of an express trust within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another: Cal. Code CP, sec. 369 (Cal. Pr. Act, sec. 6; Laws of Cal. 1854, p. 84); NY Code, sec. 113; Ohio Code,... | |
| Leonard Augustus Jones - 1879 - 844 páginas
...same states it is provided that an executor, administrator, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining with him the person for... | |
| New York (State) - 1879 - 436 páginas
...sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section. § 450. In an action or special... | |
| 1879 - 456 páginas
...sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within t!n> meaning of this section. § 450. In an action or special... | |
| |